Legal Opinion

Hinton v. . Pritchard

Supreme Court of North Carolina

Decided February 20, 1900PublishedCited by 3 opinions

Civil ActioN upon a promissory not© under seal, tried before Starbuch, J., at Fall Term, 1899, of the Superior Court of Cam debt County. The note was dated June 23, 1882, payable one day after date, to the plaintiff, in the sum of $11,645.13, at 6 per cent, and executed by I). L. Pritchard, testator of defendant.

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Civil ActioN upon a promissory not© under seal, tried before Starbuch, J., at Fall Term, 1899, of the Superior Court of Cam debt County. The note was dated June 23, 1882, payable one day after date, to the plaintiff, in the sum of $11,645.13, at 6 per cent, and executed by I). L. Pritchard, testator of defendant. There was a partial payment endorsed, made by the testator May 14, 1883. He died March 8, 1886, leaving a will, iu which the defendant I). T. Pritchard was named executor, and who duly qualified as such the same month. The executor made several partial payments, the first dated May…

1Opinion of the CourtFaircloth, C. J.

I). L. Pritchard executed and delivered his note under seal to the plaintiff, June 23, 1882, and died testate in March, 1886, and the defendant D. T. Pritch-ard was qualified as his executor. The first payment on the note was endorsed May 14, 1883. The executor made a payment on the note endorsed May 25, 1886, and made several successive payments, the last being endorsed June 25, 1892. Action was begun August 26, 1898.

M. E. Hughes and M. E. Hughes, Jr., heirs-at-law of the testator, were allowed to become parties-defendant, and file an answer setting' up the statute of limitations. The…

2Cases cited3 opinions

  1. Speer v. . JamesSupreme Court of North Carolina · 1886
  2. State Ex Rel. Stonestreet v. FrostSupreme Court of North Carolina · 1898
  3. Woodlief v. . BraggSupreme Court of North Carolina · 1891

3Cited by3 opinions

  1. Rodman v. . StillmanSupreme Court of North Carolina · 1941
  2. Ashley Horne Corp. v. CreechSupreme Court of North Carolina · 1933
  3. Berry & Whitmore Co. v. DanteCourt of Appeals for the D.C. Circuit · 1915

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